President of the Republic of South Africa v. Hugo
South Africa Constitutional Court
1997 (6) BCLR 708 (1997)
- Written by Mary Katherine Cunningham, JD
Facts
In 1994, Nelson Mandela (defendant) became the first president of post-apartheid South Africa. Mandela subsequently issued a pardon of all women in prison with children under 12, motivated by the hardship of his children during his imprisonment by the apartheid government. The pardon excluded men with young children, despite a large population of such men in the South African prison system. John Hugo (plaintiff), a man with a young child, challenged the constitutionality of the pardon. Hugo argued the pardon violated the prohibitions against discrimination on account of sex enshrined in § 8 of the Constitution of South Africa. Mandela filed an affidavit in response, explaining he had granted the pardon to benefit the children of these mothers.
Rule of Law
Issue
Holding and Reasoning (Goldstone, J.)
Dissent
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